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Full-Text Articles in Law
No Good Deed Goes Unpunished: Charitable Contributions And The Foreign Corrupt Practices Act, William Alan Nelson Ii
No Good Deed Goes Unpunished: Charitable Contributions And The Foreign Corrupt Practices Act, William Alan Nelson Ii
William Alan Nelson II
The area of charitable contributions under the Foreign Corrupt Practices Act (“FCPA”) is an ambiguous area of law where liability for companies can be enormous. This article examines the challenges companies face under the FCPA when making charitable contributions. It provides an in-depth analysis of the Schering-Plough case, which illustrates how the Securities and Exchange Commission (“SEC”) applies the record-keeping provisions of the FCPA in a situation of charitable giving; it examines Department of Justice (“DOJ”) FCPA Review Opinion Procedure Releases that provide guidance on when companies’ charitable contributions will violate the anti-bribery provisions of the FCPA; it discusses the …
Attorney Liability Under The Foreign Corrupt Practices Act: Legal And Ethical Challenges And Solutions, William Alan Nelson Ii
Attorney Liability Under The Foreign Corrupt Practices Act: Legal And Ethical Challenges And Solutions, William Alan Nelson Ii
William Alan Nelson II
This article examines the legal end ethical obstacles facing attorneys when counseling clients on the Foreign Corrupt Practices Act (FCPA). It gives the background of the FCPA and the circumstances of its enactment, specifically looking at the legislative history of the Act. The article also provides the statutory language of the FCPA and cases illustrating how the FCPA has been applied. It examines the relationship of the FCPA and the ABA Model Rules of Professional Conduct and state ethical rules on attorney conduct. The article provides multiple hypotheticals illustrating the ethical quagmires attorneys face when counseling clients on the FCPA. …